Revolutionary War Pension and Bounty Land Warrant Application File W. 742, James Gardner, R.I.

SERVICE
Rel
Gardner, James Mary
NUMBER
N. 742 B.L.H. 26090-160-55-
CONTENTS

Q1. 205 Navy Pensions
James Gardner of N. H. the State of R. Island who was a Private in the Company commanded by Captain Simms of the Regt commanded by Col Hughes in the R. Island line for James Gardner
Inscribed on the Roll of The Island at the rate of 25 Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 24 day of Aug 1833 and sent to James Gardner Wall Street, New York
Arrears to the 14th of March 1833 $50.00 Semi-annual allowance ending 4 Apr 12.50 $62.50
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by H. H. Wilson Clerk, Book — Vol. 2 Page 114

1642 Ohio Cleveland Mary Gardner widow of James Gardner who served in the Revolutionary R I war, as a Private
Inscribed on the Roll at the rate of 25 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848.
3 rd February 1833 Certificate of Pension issued the 31 st day of Aug/53 and sent to
Samuel Rose Cleveland Ohio
Recorded on Roll of Pensioners under act July 20, 1848 , Page 183 Vol. A
February 3 rd 1853
1832

31, 540 Act 3 March /55
appt 2/55
Mary Gardner, widow of James Gardner dec'd Private
Pensioner
Revolutionary War
No 2690 Ad 1600 acs May 16/56 B. B. [unclear]
Feb 52-1642
Boston
Hofmannsdorfer E. Hofmannsdorfer Cleveland - Ohio -
On Feb 52-1642 Civ. E. Hofmannsdorfer Aug 16. /55
Vol. G. 7. — O

128 # James Garden J. Hall
22817
211
100

DECLARATION.
IN ORDER TO OBTAIN THE ACT OF CONGRESS, PASSED JUNE 7, 1832.
STATE OF RHODE ISLAND, } COUNTY OF Washington }
On this 14th day of September 1832 personally appeared in open court, before the Judges or Justices of the Court of Common Pleas now sitting, in South Kingstown in said county James Gardner
A resident of said South Kingstown in the county of Washington and State of Rhode Island, aged seventyone years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as here-in stated
That he entered the (vs 2) in the fall of the year 1777 he was drafted a substitute in the Militia in Capt John Brown's company Col Dyer's regiment and served one month and was discharged. In the fall of the year 1778 I entered into the service of the Militia in said South Kingstown in Capt Taylor's company Col Dyer's regiment and served one
month as a substitute and was discharged in the Spring of the year 1779 In March I was drafted in the militia in said South Kingstown in said Taylor's company Col Dyer's Regiment and served one month and was discharged any term of service having expired. In the Spring of the year
I volunteered in the service of the militia in said South Kingstown in Capt Laurence Ponce's company Col Dyer's Regiment and served on Rhode Island at the expiration of which time I was discharged and returned home to said South Kingstown. I was called out in the Militia in said South Kingstown in Capt William Taylor & Capt Laurence Ponce's company Col Dyer's Regiment in said South Kingstown some times a week, some times more and sometimes less on alarms and other occasions and guarded the shores in said South Kingstown between the years of 1777 & 1832 for the term of three months and more. I was at the taking of the French Sloop on Point Judith Point in South Kingstown in said county of Washington

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to and subscribed, the day and year aforesaid.
in Open Court Wm. Sam l Helme Clk
James Gardner
We, William North & Clergymen residing in the Town of Watkinsville and Nathan Kingsley residing in (the same) hereby certify, that we are well acquainted with James Gardner who has subscribed and sworn to the above declaration; that we believe him to be 71 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn to and subscribed the day aforesaid.
in Open Court Wm. Sam l Helme Clerk
William North Jonathan Kingsley
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that William North who has signed the preceding certificate, is a Clergyman resident in the same Town and that Jonathan Kingsley who has also signed the same is a resident in the same Town and is a credible person, and that their statement is entitled to credit.
Also that Hansam Gardner and Ephraim Austin who have given Depositions in this case are credible persons and that statement in this case is entitled to credit.
I Samuel Helme James Gardner
Clerk of the Court of Common Pleas & Gen. Sessions of the Peace hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this eighteenth day of September 1832
Sam l Helme Clk

Declaration
In order to obtain the benefits of the 3 d Sec. Act Feb. 3 d 1853
State of Ohio Cuyahoga county ss.
Before the Probate Court, Francis W. Bingham Judge
On this twenty seven day of April A.D. eighteen hundred and fifty three, personally appeared before the Hon. Francis W. Bingham Judge of the Probate Court, within and for said county & state, Mary Gardner a resident of the city of Cleveland in said county & state, aged seventy three years who first being duly sworn according to law, doth, in her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3 d February, 1853, granting pensions to widows of persons who served during the Revolutionary War: That she is the widow of James Gardner , who was a private of Revolutionary Army, state of Rhode Island and who received a pension, payable at Providence, Rhode Island, (at the rate of $25 per annum, as she verily believes) and she hereby refers to the Roll of U.S. pensioners, and the testimony on file proving his service &c &c - She further says that she was married to the said James Gardner on the seventh day of December A.D. 1828 eighteen twenty eight that her said husband died on the 23 d day of May - A.D. 1840, that she was not married to him prior to the 2 d of January 1800 - but at the time above stated - she further declares that she is now a widow
Mary Gardner Sworn to and subscribed the day and year above written before me, and I certify that I know the said Mary Gardner and verily believe that she has stated the truth Witness my hand and the seal of said court F. W. Bingham Probate Judge

The deposition of Hansaw Gardner (a man of color) of North Kingston in the County of Washington in the State of Rhode Island aged 75 years on oath testifies & says that I know James Gardner now an applicant for a pension
In the year 1778 I knew the said Gardner as a private in Capt William Taylor's company as a substitute - said company was stationed at the house of Sylvester Gardner who was my Master & I then lived with him, he served in said company one month at that time in guarding two Eighteen pounders - This was in the fall of that year
In the year 1779, I think in the winter time, I saw said James Gardner as a drafted man in the company of Capt: William Taylor, he was stationed at the ten rod road in North Kingston and guarded company- -day stores - he served at this time one month
Sworn to and Subscribed in Open Court Wm. Saml. Helme Clk
Hansaw his Gardner mark

State of Ohio, Cuyahoga county fr. City of Cleveland Before the Probate Court of said county
Hon. Flavel W. Bingham, Judge
It is hereby certified by me Flavel W. Bingham Judge of the Probate Court within and for the county of Cuyahoga in the state of Ohio, that satisfactory evidence (of credible witnesses) has this day been adduced before me (on solemn oath) that
James Gardner, deceased, late of Wickford in the state of Rhode Island, was a soldier of the Revolutionary War - that said Gardner was a United States Pensioner, as such soldier of the Revolution - at the rate of $25. per annum - which was payable at Providence, Rhode Island; that said James Gardner died on the 22 d day of May A.D. eighteen hundred and forty, at said Wickford; that one Mrs Mary Mills was legally married to the said James Gardner at Northington, Rhode Island on the seventh day of December A.D. eighteen hundred and twenty eight. that the marriage certificate hereto attached is genuine; and that the W m Northrup who purports to have solemnized the said marriage, and whose signature appears to said certificate, was legally authorized to solemnize marriages, and that his signature thereunto is genuine - that the said Mary Gardner is now living, and a resident of said Cleveland; NorthKingston Dec r 7. 1828
The said James Gardner - hand and the seal of this 22 d day of 1853) eighteen hundred and - at Cleveland, Cuyahoga F. W. Bingham Probate Judge
I hereby certify that James Gardner son of James and Mary Gardner of the above said town and Polly Widow Daughter of William and Polly (Sloum) of New- York were Lawfully joined together in Marriage by me W m Northrup El d
[Handwritten flourish or signature]

State of Ohio, Cuyahoga county ss. City of Cleveland Before the Probate Court of said county
Hon. F. Lavel W. Bingham, Judge
It is hereby certified by me F. Lavel W. Bingham Judge of the Probate Court within and for the county of Cuyahoga in the state of Ohio, that satisfactory evidence (of credible witnesses) has this day been adduced before me (on solemn oath) that
James Gardner, deceased, late of Wickford in the state of Rhode Island, was a soldier of the Revolutionary War - that said Gardner was a United States Pensioner, as such soldier of the Revolution - at the rate of $25. per annum - which was payable at Providence, Rhode Island; that said James Gardner died on the 22 d day of May A.D. Eighteen hundred and forty, at said Wickford; that one Mrs. Mary Mills was legally married to the said James Gardner at Northington, Rhode Island on the seventh day of December A.D. eighteen hundred and twenty eight. That the marriage certificate hereto attached is genuine; and that the W m Northrup who purports to have solemnized the said marriage, and whose signature appears to said certificate, was legally authorized to solemnize marriages, and that his signature thereunto is genuine - that the said Mary Gardner is now living, and a resident of said Cleveland; and that she is still the widow of the said James Gardner - Witness my hand and the seal of said Court this 22 d day of April A.D. (1853) Eighteen hundred and fifty three - at Cleveland, Cuyahoga county, Ohio -
F. W. Bingham Probate Judge

31, 540

The State of Ohio Cuyahoga County
On this 28 th day of March A. D 1855 personally appeared before me E Haffenmueller a Justice of the Peace within & for the County & State aforesaid, Mary Gardner aged 76 years, a resident of the City of Cleveland in said County, who being duly sworn according to law declares, that she is the widow of James Gardner deceased, who was a private in the Army of the United States (name of the Captain of the company in which he enlisted not recollected) during the Revolutionary War; that her said husband enlisted for the term of twelve  Eighteen months as she believes & that he was honorably discharged, & for further particulars deponent has reference to papers sent to the Pension Office at the time she applied for a pension said papers being on file in said office.
She further states, that she was married to the said James Gardner in December 1830 (date not recollected) at North Kingston R. I. by Elder Northrup & that her name before her said marriage was Mary Mills; ) that her said husband died in May 1841 (date not recollected) at North Kingston aforesaid & that she is now a widow.
She further declares, that she never

has made any application for bounty land & that this declaration is made for the purpose of obtaining the bounty land to which she may be entitled under the "act approved March 3 1855.
Mary Gardner
We H. Morris & Thomas J. McGarry residents of the city of Cleveland aforesaid upon our oaths declare, that the foregoing declaration was signed & acknowledged by Mary Gardner in our presence & that we believe from the appearance & statements of the applicant, that she is the identical person, she represents herself to be
H. Morris Thomas J. McGarry
The foregoing declaration & affidavit were sworn to & subscribed before me on the day & year above written & I certify that I know the affiants to be credible persons & that the claimant is the person she represents herself to be & that I have no interest in this claim
C. Heppnermueller Justice of the Peace

I do hereby certify that Mary Gardner is a pensioner on my roll under act of 3 rd February A.D 1853.
E. Hessemueller Pension Agent

22817
James Gordon
Part 7 mo 15 days
5-06
July 10 1835
P 423
John Hall
N Kingston R.I.

BRIEF in the case of James Gardner  of North Kingston in the State of Rhode Island  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 1777 1 private Capt Brown Col Dyer   78 1 15 " " Taylor " "   79 1 " " " "   80 1 " " Rome " "   from 79 to 82 3 " " " "  
 5. In what battles was he engaged? at the taking of the Snagat Lyrine  6. Where did he reside when he entered the service? North Kingston  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly 
attachd
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. L. Grafton Examining Clerk.

Rey WIDOW, &c.
File No. 742
Mary Gardner Widow
James Gardner Brn Rev. War
Act: Feb. 3, 1853
Index:—Vol. A , Page 260
[Arrangement of 1870.]

Cleveland Ohio
July 12 th 1853
Hon. L. P. Waldo
Com te Pen.
Sir,
In reply to your letter of June 30 th I enclose the testimony required by your letter in the case of Mrs Mary Gardner who claims pension under act Feb. 3. 1853 as widow of James Gardner, deceased, a Revolutionary Pensioner -
Very respectfully Your ob lt Serv t
Am. P. P.

Cleveland Ohio Apl 23 d 1853
Hon Loren F Waldo Am s Pensions
Sir,
Please find herewith the claim of Mrs Mary Gardner widow of James Gardner, (a Revolutionary pensioner, whose name was enrolled on the Providence Pension Agency, and who died at Wickford, R.I. in 1840,) for Pension under the act of Feby 3 d 1853.
Very Resp y Yr obed t Sam l R o s

Cleveland Ohio Aug 24, 1853
Hon L. P. Waldo Comm Pension Off.
I herewith enclose testimony as to the date of death of James Gardner a Revolutionary Pensioner whose widow, Mary Gardner , claims pension.
This is reply to your letter of July 19, 1853.
Her claim was filed by me. The mistake was owing to the lapse of time since his death -
It is believed to be correct now, yet, as Mrs Gardner is a very feeble old lady, whose memory is somewhat impaired, and as she has no record of her husband's death, you are permitted from the pension records, to correct date of death, if any mistake still exists.
Very respec J. G. Roberts Amb. Rose

Brief in the case of Mary Gardner, widow of James Gardner Cuyahoga County and State of Ohio. act 3 d February 1853.
Claim, ("original," or " for increase. ")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband was a seaman under the act of June 7. 1832.
Marriage proved by parol evidence — witnesses duly certified to be credible.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Samuel Hops Esq. Cleveland Name and residence of Agent Ohio
R. G. G. Examining Clerk.

22817
James Gordon
John Hall North Kingston R.I.

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Gardner which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No - the last paragraph he should specify each particular term of active service & the length of the same etc etc VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? no

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? None Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No the board has
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? Yes
XVI. † Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

State of Ohio County of Cuyahoga
Personally appeared H. C. Morris and Charlotte Morris, his wife, who were witnesses in the case of Mrs Mary Gardner, who claims pension as the widow of James Gardner, deceased, who was a Revolutionary Pensioner, and being first duly sworn, do depose and say.
That after mature re-consideration in relation to the death of said James Gardner, and from various circumstances of recollection, to the best of their memory they believe that said James Gardner died twelve years ago last May, which would make his death on or about May 22 d A.D. 1841. and not 1840 as before stated - So long a time had elapsed, and having made no record of the event, they were at first mistaken in the number of years which had elapsed since his death.
H. C. Morris
Charlotte Morris
Sworn to and subscribed before me this 24 th day of August A.D. 1853. And I certify that said Henry C. Morris and Charlotte Morris are well known to me, are citizens of Cleveland, O., and are credible witnesses. I further certify that I have no interest in the result of this case and am not concerned in its prosecution - Attest my hand and official seal
William Abbey Notary Public

State of Ohio, Cuyahoga county ss.
Before the Probate Court within and for said county & state, Honorable Flavel W. Bingham Judge.
It is hereby certified by the undersigned, Judge of said Court, That satisfactory evidence was this day adduced before said Court, by the testimony of Henry C. Morris and Charlotte Morris both of lawful age, and who are & the undersigned hereby certify , well known to me and are credible witnesses, and residents of Cleveland in said county & state, and who were by me first duly sworn according to law to tell the truth the whole truth and nothing but the truth in the matter of the application of Mrs Mary Gardner, here present, who claims pension as the widow of James Gardner, deceased, who was a revolutionary pensioner - to wit - That Mary Gardner, here present, is the widow of the identical James Gardner who was a Revolutionary Pensioner, in the state of Rhode Island. That said Mary Gardner was legally married to said James Gardner by W m Northrop, or Minister of the Gospel at Northington, R. I. on the 7 th day of December A.D. 1828: That the said James Gardner died at Wickford

Rhode Island on the 22 d day of May A.D. 1840. eighteen hundred and forty - and that said Mary Gardner is still living in Cleveland in the state of Ohio. Henry Morris
Lyman Morse
In testimony whereof witness my hand and the seal of said court at Cleveland in said county & state this twelfth day of July A.D. 1853. And I hereby certify that said witnesses are known to me and are credible persons - I further certify that I have no interest in the result of this case, and am not concerned in its prosecution - I am also acquainted with Mrs Mary Gardner and believe that what she hath said in her former declaration before me is true.
Witness my hand and the seal of said court at Cleveland this 12 th day of July 1853
J. M. Brigham Probate judge

Washington Jc - In North Kingston - July 19 th 1833 -
Personally appeared before me, the undersigned Justice undersigned, a Justice of the Peace, for the Town of North Kingston, James Gardner of said North Kingston, the inside front who being duly sworn, deposeth & saith, that by reason of old age, and the consequent loss of memory, he cannot swear positively, as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, under the following grades - In 1777 I served two months as a substitute, in Captain John Brown's Company. I enlisted one Month, under Captain Brown in my Declaration of mistake, in 1778 I served one Month in the Company of Militia, commanded by Captain William Taylor, two Months & fifteen days as a private - In 1779 I served one Month in said Company as a private - In 1780 I served one Month in the Company of Militia of which Samuel Dene was Captain, one Month and for this service I claim a Pension - JAMES GARDNER
Washington In North Kingston, July 19 th 1833 - Personally appeared before me, the undersigned, one of the Justices of the Peace, for said North Kingston, the above subscribed James Gardner, who just being sworn, duly confirmed & sworn, made oath, to the truth of the above subscribed Affidavit, in which was sworn, reduced to writing, in his presence & by him subscribed, in my presence, & I

further certify, that the said James Gardner, is well known to me, that his interest, in truth & veracity is good, and said Affidavit, entitled to full & implicit credit -
Sylvester G. Shearman Justice of the Peace
State of Rhode Island & Providence Plantations Washington County ss.
I, Thos P. Webb, Clerk of the Supreme Judicial Court within and for the County of Washington State aforesaid, do hereby certify that Sylvester G. Shearman Esq before whom the preceding affidavit was taken and sworn to, is a Justice of the Peace of the town of North Kingston County aforesaid, duly elected and qualified; and that his signature thereto annexed is in his own proper hand writing.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 31 st day of July 1833.
Thos P. Webb - Clerk

31. 540

Cleveland March 29 1855.
To Commissioner of Pensions.
Sir,
Enclosed find the affidavit & statement of Mary Gardner applying for bounty land under the act of 3 d of March 1855.
The old lady who has forgotten some of the facts necessary to be proven in her affidavit, refers to the papers & certificates, which were sent by her to the Pension Office at the time she made her application for her pension & which papers & certificates are still on file in the Pension Office.
You will please to direct any communication to her under my address.
Respectfully E. Hefenmuller

26,090
160 acres

FREE
Official
L. P. Waldo Esqr Commissioner of Pensions Washington City D. C.
31.540

Pension Office July 16/33
Sir,
Please state the time to which the within named pensions may paid; or (if in your power) the exact date of his death.
Very respectfully Your Obed't Servt
L. Waldo
Commissioner
J. Burt Esq.
Present
Due 21 st May 1841, and paid to his death.
J. Burt Auditor.

1. Copy App d of Mary Gardner widow of James Cayahoga County.
Ohio R 9 32
21205
Act 3 d Feby: 1853
Reviz:
Am d $25 per annu. Commencing 3 d Feby 1853
Sam d Roff
Cleveland
Ohio
DEPARTMENT OF THE INTERIOR, Pension Office, Official Business

No 1248
Mary Gardner widow of James Oliver R.R.
Let to Saml. Rop. June 30 1833. July 19 1833
Let to Heby 3/33.
Send money to the same

The deposition of Polipos Austin of North Kingston in the County of Washington in the state of Rhode Island aged 81 years on oath before me says that he well knows James Gaudine now an applicant for a pension, that in the year 1777 I saw said James Gaudine as a private in the company of Capt: John Brown of North Kingston, said company was stationed at the ten rod road in said North Kingston in the duty of guarding company stores, he served there one month at that time, as a substitute as I understood. But for whom I don't recollect.
In the year 1778 I saw said James Gaudine as a private in the company commanded by Capt: William Taylor, I understood he was then also a substitute, said company was stationed at the house of Sylvester Gaudine in North Kingston in guarding two eighteen pounders. He served under said Taylor at that time one month - this was I think in October of that year.
In the year 1779 said James Gaudine was drafted into said William Taylor company of Militia and served one month in guarding company stores in North Kingston at the ten rod road.
That in the year 1780 when the French Fleet & Army were in Newport, said James Gaudine enlisted as a volunteer in the company commanded by Capt: Lawrence Pearce and served one month as a private in said company and was stationed on the Island of Rhode Island in guarding

The story of said Island
I also saw said Gaudin at the time the Cyrene was captured on Point Judith in service there.
I also know that said James Gaudin served in guarding the shore on the Narragansett Bay during the Revolutionary war but times I cannot specify.
Bolepos Austin
Subscribed & sworn to in Open Court Wm. Sam l Helme Clk